Match Fixing | 03 June 2016
There is renewed focus on fraudulent sports betting activities in the wake of this week’s allegations of match-fixing. In 2011, a Canterbury Bulldogs player was fined $4000 and placed on a 12 months good behaviour bond when he was found guilty of dishonestly obtaining an advantage. However under the current anti-cheating laws, a person who is found guilty of match-fixing faces up to 10 years imprisonment.
Supreme Court in Darlinghurst, Sydney, where Steven Fesus' trial took place.
Bail Laws | 21 April 2016
In 2014, Steven Fesus, who was awaiting trial on a murder charge, was granted bail by the NSW Supreme Court in Sydney following a successful application made by his lawyer Dennis Miralis. Community outrage and a media frenzy followed – after all, he’d allegedly confessed to the crime which occurred some 16 years earlier, had been in custody since 2013, and had two previous bail applications rejected.
By Adam Faro | Laws | 02 March 2016
On occasion, a child may be charged with a crime. A common question that arises in criminal law is how old a person has to be before they can be convicted of an offence. Section 5 of the Children (Criminal Proceedings) Act 1987 states that no child under the age of 10 can ever be found guilty of an offence. However, there is a common law rule which states that a child between the ages of 10 and 14 also cannot commit a crime unless the Prosecution can prove that the child knew the difference between right and wrong. This rule is known as the common law doctrine of doli incapax.
29 February 2016
Have you ever made a sizeable cash deposit or wire transfer to a bank account and been asked by the teller why you’re depositing the funds?
For most of us, the term ‘money laundering’ brings to mind the type of organised crime depicted in The Sopranos and Underbelly. We think of millions of dollars being shifted about through gambling operations, and our suspects are crime families and drug lords.
By Adam Faro | Suing Police - Wrongful Arrest / Malicious Prosecution | 12 February 2016
Over the past 10 years, Nyman Gibson Miralis has successfully secured millions of dollars in damages as a result of civil actions brought against the Police for the following claims:
By Mina Wassef | Appeals,Court,Driving,Laws | 10 November 2015
The Drive with Middle Range Prescribed Concentration of Alcohol (MRPCA) charge was withdrawn after client contested the facts.
By Rajiv Baldeo | Laws | 17 September 2015
When your child has been arrested, it’s important to have a basic understanding of their rights, even though you don’t have long to get your head around what is happening. Here’s a basic guide to the process.
By a Criminal Defence Lawyer | 16 September 2015
In mid-2014, the Protected Admissions Scheme came into operation in NSW. It is a ground breaking scheme aimed at keeping young offenders out of the court system and avoiding lifelong criminal convictions for minor offences.
By Adam Faro | Court,Laws | 15 September 2015
From time to time, the prosecution of an alleged offence will be commenced for reasons that are far from pure. The stressors confronted by people who face criminal prosecution are substantial enough. Add to that a situation where you or your criminal defence lawyers suspect foul play on the …
By Adam Faro | 14 September 2015
As technology leaps ahead, we’re seeing multiple new ways of capturing both images and sound. In police work, this capability has manifested most recently in the introduction of body cams – small cameras fitted to police officers in order to capture crucial moments of policing activity. …
By a Criminal Defence Lawyer | Driving | 11 September 2015
A vehicle failing to stop for police can certainly raise heated discussion in the community. This is especially so where high-speed pursuit, danger and accidents are involved. Traffic offence lawyers understand that there are various elements to consider in cases where a driver has allegedly…
By Rajiv Baldeo | Laws | 20 August 2015
Insider trading occurs where a person uses information that is not yet available to the public (insider information), usually to gain an advantage for themselves or someone else in the trading of financial products. The Australian Securities and Investment Commission (ASIC) has the power to …
By Adam Faro | Laws | 14 August 2015
Unlikely civil proceedings, if you succeed in criminal matter, you are not automatically entitled to recoup the costs of defending the matter. However, there are provisions that allow for you to apply to the Court, asking the Prosecution to meet the costs incurred in defending criminal charges.
By Adam Faro | Court | 8 August 2015
When you are provided with a Court Attendance Notice, there will always be a date, time and Court location for you to attend. It is imperative that you attend that place at that time on that date. However, mistakes can be made, dates can be forgotten and things can go wrong and eith…
By a Criminal Defence Lawyer | Laws | 17 July 2015
In this day and age where criminal law is becoming increasingly globalised, people can no longer escape criminal prosecution merely because they have left the country where it is alleged that they committed an offence. Today, many countries cooperate with each other to bring these people to justice.
By Rajiv Baldeo | Laws | 16 June 2015
It is a crime to offer someone a bribe (even if the offer is rejected), as well as to actually give them a bribe. A bribe is also sometimes called an ‘undue reward’. It does not have to be a bribe of money, it just has to be a reward or something that will induce a person to act a certai…
By Phillip Gibson | Driving | 12 June 2015
Any drink driving charge is a serious matter but being charged with high range PCA can result in heavy penalties even if it’s a first offence. If convicted, the consequences can be serious and negatively impact several areas of your life, from the financial to family relationships. We reco…
By Phillip Gibson | Laws | 10 June 2015
Domestic violence is a serious issue, and it’s vital that we have a system in place that offers protection to victims of violence, and puts preventative measures in place. But few systems work perfectly every time, and as many defence lawyers in Sydney could attest, the system surrounding…
By Phillip Gibson | Laws | 30 May 2015
You may have heard about the recent crackdown on demerit point fraud and wondered why it seems to be such a big deal. You’re not alone – many ordinarily law-abiding drivers engage in this practice without ever fully realising they’re committing a crime. That’s because demerit point f…
By Phillip Gibson | Prison | 28 May 2015
Prison is a reality for many people who find themselves on the wrong side of the law. And the loss of freedom is not the only effect going to jail has on an offender’s life. Serving time can have a detrimental impact on their families, finances and future prospects too.
By Rajiv Baldeo | Laws | 1 May 2015
Every person who is placed under arrest has a number of rights which are provided for by legislation. It is important to know when rights you have when dealing with the police. This article sets out some information about your rights while you in police custody.
By Christina Vassiliou | Laws | 23 March 2015
The concept of complicity can make a person criminally responsible for a crime physically committed by another person. So even though a person may not have directly committed the offence in question, their actions before, during or after the commission of an offence may make them liable for …
By Adam Faro | Laws | 26 February 2015
From 01 February 2015, NSW drivers convicted of serious and repeat drink driving offences are required to participate in the Mandatory Alcohol Interlock Program. This mandatory program replaces the voluntary program which has been in place in NSW since 2003.
By Phillip Gibson | Driving | 21 February 2015
Obeying the rules of the road is important if you want to avoid being pulled over and getting a ticket, a fine or even losing your licence. Although most drivers in NSW are educated on the main driving offences, like speeding and drink driving, there are plenty of other, minor offences that …
By a Criminal Defence Lawyer | Driving | 3 February 2015
When we think about a typical movie scene portrayal of negligent driving, a couple of images might come to mind. Maybe we see a crazed young daredevil, swerving down the highway at double the speed limit? Or perhaps we see a driver weaving and wandering across the road while clearly under th…
By Phillip Gibson | Assault | 30 January 2015
When personal violence occurs between two or more people, the legal outcomes can go a number of ways. This is due to the fact that violence can take a variety of forms and the injuries caused can vary from case to case. As there are a number of legal intricacies related to assault offences, …
By Phillip Gibson | Drug | 2 December 2014
Drug driving is on the increase, according to NSW Police. With drug driving figures estimated at almost double this year compared to last year, police have announced that they will be increasing the number of roadside testing units deployed over the summer holidays.
By Rajiv Baldeo | Laws | 1 December 2014
If you are caught drink driving, you could face a number of different penalties including fines, disqualification and even a possible jail sentence. From February next year onwards, if you have been convicted of a serious or repeat drink driving offence, you may also be required to participa…
By Phillip Gibson | Court | 24 November 2014
Drink driving charges – or what are called prescribed concentration of alcohol (PCA) offences – are among the most common charges in the NSW local court system. it’s perfectly normal to feel a bit unsure about what happens next, once you’ve been charged with a PCA offence. Below is a…
By a Criminal Defence Lawyer | Laws | 1 November 2014
'Section 10' is a phrase that regularly makes the rounds both in criminal and traffic law. It refers to the possibility of having no conviction recorded, following a plea of guilty or a finding that an offence has been proved after a court hearing. In the case of a drug possession charge, th…
By Phillip Gibson | Appeals | 5 October 2014
We understand that the disappointment can seem overwhelming when a conviction or sentence goes against you. After solid case preparation, it can certainly be a letdown to realise that not everything went the way that you’d expected. But options remain, and an appeal to a higher court might…
By Phillip Gibson | Laws | 4 October 2014
As technology expands at a rapid rate, people have access to an incredible range of sites, materials, publications, news and images. And with that growth, greater attention is being given to definitions of material that can be considered to be criminal. An area that is becoming increasingly …
By Phillip Gibson | Drug | 3 October 2014
If you have been charged over drug possession in NSW, the prosecution has a number of elements that they need to prove in order for a conviction to succeed. Depending upon the nature of the proceedings, and your individual circumstances, the penalties can vary. Your drug possession lawyer wi…